EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION AGREEMENT

Transcription

1 EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION AGREEMENT Township High School District 214 Arlington Heights, Illinois

2 AGREEMENT BETWEEN THE BOARD OF EDUCATION AND THE EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION OF TOWNSHIP HIGH SCHOOL DISTRICT

3 EDUCATIONAL SUPPORT PERSONNEL ASSOCIATION TABLE OF CONTENTS Page Article 1 Recognition... 1 Article 2 Partnership... 1 Article 3 Payroll and Payroll Deductions Article 4 Employee and Association Rights... 2 Article 5 Temporary Assignments... 3 Article 6 Employment of Temporary Personnel... 3 Article 7 Employee Evaluation... 4 Article 8 Position Vacancies Article 9 Remediation and Progressive Discipline Article 10 Jury Duty... 9 Article 11 Vacation with Pay (twelve-month employees) Article 12 Paid Holidays Article 13 Absence Due to Illness Article 14 Sick Leave Bank Article 15 Injury on the Job and School Safety Article 16 Absence Due to Death in Family Article 17 Personal Leave Article 18 Leave of Absence Article 19 Deduct Time Article 20 Hours of Work - Work Year Article 21 Early Dismissal of School Article 22 Overtime and Compensatory Time Article 23 Lunch and Break Periods Article 24 Insurance Article 25 Negotiations Article 26 Memoranda of Understanding Article 27 Grievance Procedure Article 28 Position Classification Article 29 Staff Development Article 30 Reduction in Force Article 31 Management Rights Article 32 No Strike Clause Article 33 Fair Share Article 34 Voluntary Retirement Incentive Article 35 Salary Ranges Article 36 Positions and Grades Article 37 Duration of Agreement Insurance Appendix Index

4 Article 1 RECOGNITION In accordance with the Illinois Educational Labor Relations Board's certification effective April 18, 1986, the Board of Education of Township High School District 214, Cook County, Illinois ("Board"), recognizes Educational Support Personnel Association, IEA- NEA ("Association"), as the sole and exclusive negotiating agent for all Educational Support Personnel ("Employees"). Association employees shall include those clerical, technical, security staff, and instructional assistant positions listed in Article 36 of this agreement, but excluding all other employees. Article 2 PARTNERSHIP The objective of the Association is to support and work in cooperation with the Board to help achieve the goal of providing the best possible educational services for our students and community. This goal is best achieved when all participants are committed to working together as partners and participating in professional and personal development. Our vision includes the development of a culture defined by the following partnership beliefs: Partners share responsibility for common goals; Partners work together, cooperate, and collaborate to assure a positive relationship; Partners support each other as team members; Partners communicate with each other to assure that everyone is heard; Partners recognize and value each other's strengths; and Partners work to develop an environment which promotes trust. In order to implement these beliefs, we embrace the concept of ongoing dialogue toward understanding, implementing, and celebrating a partnership culture. The Association, the Associate Superintendent for Human Resources, and the Employee Relations Supervisor shall meet quarterly to discuss mutual concerns. The Board and Association recognize the importance of communication in maintaining a positive relationship. As such, each site shall establish a system for conducting regular meetings with Association building representatives and a designated administrator. Article 3 PAYROLL AND PAYROLL DEDUCTIONS Employees are paid on the 15th and 30th of the month. When such dates fall on nonworkdays, checks shall be distributed on the last workday preceding the non-work day. All employees hired after July 1, 2014 are paid on a 24 pay period basis. Twelve-month employees are paid on a 24 pay period basis with the first payment on July 15 of each fiscal year. Ten-month employees hired before July 1, 2014 shall be paid on a 20 pay period basis unless the employee submits a written request (using a form prepared by the Business Office) for a 24 pay period option. Any such request shall be made no later than August 15 of any fiscal year, and shall remain in effect from year to year unless the employee submits a written request (using a form prepared by the Business Office), no later than August 15 of any fiscal year to be paid on a 20-pay-period basis. The first payment will be August 30 of each fiscal year. 1

5 Those 10-month employees hired before July 1, 2014 who choose to be paid on a 24 pay period basis and do not wish to receive the balance of their salary in one lump sum on the last payday of the school year must submit a written request (using a form prepared by the Business Office) no later than May 2 of any fiscal year. Section 3 The Board has authorized voluntary payroll deductions, which shall normally be divided equally between the 15th and 30th checks during the entire year. Exceptions are made for Association dues, community contributions, court ordered payments, and for other payments as approved by the Board. Upon receipt of a written authorization from the employee, the Board will deduct the dues specified by the Association on a pro rata basis from the employee's paycheck over not more than fifteen (15) pay periods beginning with October 30. All dues deducted by the Board shall be remitted to the treasurer of the Association no later than ten (10) days after such deductions are made. Article 4 Section 3 Section 4 Section 5 Section 6 EMPLOYEE AND ASSOCIATION RIGHTS In accordance with the agreement, the Board agrees not to discriminate against any employee for participation in any lawful activities of the Association and not in conflict with the agreement. This section is not grievable but may be pursued through the procedures of the Illinois Education Labor Relations Board (IELRB). Upon request, an employee or his/her designee may inspect, copy or attach rebuttals to information contained in his/her personnel file. This shall occur with reasonable notice and at a reasonable time and place. The Board shall not divulge information contained in the employee's file unless legally required to do so. When disclosure is legally required, the Board shall notify the employee of such disclosure if legally permissible. The Association shall have the right to post notices of its activities on at least one bulletin board in each building as agreed to by the Principal/Director/FVEC designee and Association building representative of each building. The Association shall have the privilege of distributing its information to its members through the existing mail arrangements. Upon request, the Board will provide the Association President and the President's designee with all available public information to assist the Association in evaluating items in negotiations. A matter referred to the Board in writing by the Association, which the Superintendent or Board President considers appropriate for discussion or action by the Board, shall be considered as an early item on the agenda at the next possible Board of Education meeting. With approval of the supervisor, the President of the Association or his/her designee will be excused from assigned duties for an average of up to five (5) hours per week per fiscal year. The Association will reimburse the Board for the time excused at the individual's current hourly salary. 2

6 Article 5 TEMPORARY ASSIGNMENTS It is the responsibility of the supervising administrator to assign personnel so as to utilize the employee's skills and time in the best interest of the total operation. This may result in an employee being given a reasonable ESP work assignment outside of the scope of his/her job description. In the event of an absence or vacancy of more than five (5) workdays exclusive of vacation days, holidays, and floating holidays, with the approval of the building budget administrator, an employee may be asked to perform the majority of ESP duties of an absent employee or of a vacated position. If this assignment is in addition to his/her regular job, or at a higher grade level than his/her regular job, the employee will be compensated an additional $2.00 per hour, which will not be split among employees. This differential will be retroactive to the beginning of the term of the qualifying absence. Article 6 Section 3 EMPLOYMENT OF TEMPORARY AND GRANT-FUNDED PERSONNEL When assistance is necessary due to unusual circumstances or absence of staff, temporary personnel may be employed. The rate of pay for temporary clerical/secretarial personnel shall be established according to the Association salary range schedule and in accordance with district guidelines. The district will attempt to fill instructional assistant, resource room assistant, or campus security positions with qualified temporary personnel. However, if unable to do so in a timely manner, these positions will be filled by substitute teachers. The rate of pay for a temporary instructional assistant, resource room assistant, or campus security position will be in accordance with the current substitute teacher salary schedule. If a temporary position extends beyond six (6) months or 600 hours in a fiscal year, it shall be evaluated by the administration for consideration as a regular position. The results of this evaluation shall be forwarded to the Association. If a regular position is approved, it shall be posted. This does not apply to vacancies created by leave of absence or extended sick leave. A grant-funded employee is an individual employed for a special project funded by a grant or gift. Employees paid with grant funds are hired only for the duration of the grant for which they work. A grant-funded employee will be considered an Association Employee as defined in Article 1 of this agreement. The employee will enjoy the same rights and benefits of this Agreement except seniority in the bargaining unit, which means the employee will not participate in the RIF process as defined in Article 30. The employee will sign a temporary employment agreement waiving his/her rights to seniority in the bargaining unit. The Human Resources Department shall publish a semi-annual list of grant-funded employees including the anticipated end date of the position. They shall also post grantfunded positions in accordance with Article 8 of this Agreement clearly identifying the posting as a grant position, including the anticipated end date. Grant-funded positions will be listed in the Position and Grades as outlined in Article 36. Grant-Funded Positions will be aligned with the pay grade that most closely matches a current bargaining unit position. The Human Resources Department in collaboration with the Administration and the Association may develop a new position as stated in Article 28 section 2 of this Agreement. 3

7 Article 7 Section 3 Section 4 EMPLOYEE EVALUATION Each employee shall meet, before the end of the first quarter of the school year, with his/her supervisor/administrator to review the evaluation process, set goals, and discuss the areas upon which he/she will be evaluated. If goals are not finalized by the end of the first quarter, they will not be included in the employee s annual written evaluation. In extenuating circumstances, the deadline for goal setting can be extended by the Associate Superintendent in collaboration with the Association President. The written evaluation will be finalized by May 1. An employee may, if he/she disagrees, attach a written rebuttal to the evaluation. Newly hired employees will have a performance check-in with their supervisor before the end of the second quarter or within 90 days, whichever is later. The new employee be evaluated at the end of the third quarter or the130 workday probationary period for ten-month employees, whichever is later, or at the end of the 180 workday probationary period for twelve-month employees. The supervisor/administrator will submit a written performance review using the approved district instrument. Probationary period is defined as the time in which the employee demonstrates the necessary work habits, skills, knowledge, attitude and performance to warrant continued employment. At the end of the probationary period, the supervisor will have the option to release the probationary employee or to extend the probationary period until the end of the current school year. If the supervisor notifies the employee that he or she will be given a probationary discharge and the decision has been made not to renew employment, the supervisor may allow the person to stay in the position until the end of the current school year as a probationary employee. In each of these situations, the supervisor will notify the employee and the Association President of the decision by the end of the probationary period. Article 8 POSITION VACANCIES When the administration determines that a vacancy shall be filled or when a new position is approved by the Board, notice of the vacancy shall be posted on the district s website for five (5) workdays. Notice of the vacancy shall contain the job title, location, hours of work, work year, salary grade, and availability. Individuals interested in being considered for the opening shall submit their online application during the five day internal posting period. If the administration is considering not filling a vacancy, the Association will be notified. Generally, positions of ten (10) hours or more shall be posted. In circumstances when exceptions to posting are necessary, Human Resources will inform the Association President at the time of the building request. Employees still in their probationary period shall be eligible to apply for any job vacancies which may occur during their probationary period. However, as a condition of promotion/transfer, employees still in their probationary period must complete a new 130 workday probationary period for a ten-month position or a 180 workday probationary period for a twelve-month position beginning with the effective date of said promotion/transfer. 4

8 Section 3 Section 4 Section 5 Because the Board is aware of the experience, skills, and talents of the employees, it is the preference of the Board to promote from within the bargaining unit. The Human Resources Department shall notify the successful applicant in writing of appointment to a position. All other Association applicants shall be informed in writing that the position is filled. If a position which has been posted, filled and occupied for at least one day becomes vacant, the administration shall repost the position. The Associate Superintendent for Human Resources and the Employee Relations Supervisor are the only persons authorized to discuss salary with the recommended candidate prior to formal appointment. Any employee who voluntarily applies for and accepts a position at a lower grade level will retain the same percentage relationship above the minimum in the new salary range. Any bargaining unit work required to be done over the summer will be posted. Postings will occur for five (5) workdays. Employees will apply online to the posting. Preference shall be given to current employees. Article 9 REMEDIATION AND PROGRESSIVE DISCIPLINE No employee may be dismissed, reduced in rank, laid off, reprimanded, suspended or disciplined without just cause. As appropriate, either remediation or progressive discipline will be used by the district. The employee is entitled to have present a representative of the Association during any meeting which leads or could lead to disciplinary action or a remediation plan. All specified time limits will exclude any approved leave time. REMEDIATION Remediation shall occur if an employee is not meeting district standards in his/her job performance. In such cases, the supervising administrator shall take the following actions: A. STEP 1 - If an employee is not meeting district standards of performance, the supervising administrator shall take the following actions: 1) Meet with the employee to discuss performance; 2) Inform the employee of the nature of the performance deficiencies and the actions necessary to correct them, as well as a time frame for improvement; and 3) Within five (5) workdays, prepare a written verification for the supervising administrator's own records indicating that the meeting has taken place. A copy of the written verification will be sent to the employee and the Association President. The written verification will clearly state that the ESP is on Step 1 of the remediation process. B. STEP 2 - If performance continues not to meet district standards after the initial time frame for improvement has lapsed, the supervising administrator shall hold another meeting with the employee and take the following actions: 1) Provide the employee and the Association President with a written remediation notice which describes the specific areas of deficiency and a plan for improvement including a mutually agreeable time frame; and clearly states that the ESP is on Step 5

9 2 of the remediation process; and 2) Meet biweekly to discuss progress toward corrective action, and conduct a followup evaluation at the end of the agreed upon time frame. 3) If the employee remedies the specific deficiencies, the remediation shall be expunged from the supervisor s file eighteen (18) months, not counting summer for ten-month employees or Board approved leaves for all employees, after the end of the remediation period and shall not be used prospectively by the employer for the purpose of discipline and/or evaluation and/or letter(s) of reference. However, the district may continue to retain records of such discipline in a separate file if the district believes such records may be needed at a future date to demonstrate the district s compliance with state and federal EEO or other laws. C. STEP 3 - If successful corrective action still has not taken place, the supervising administrator shall hold another follow-up meeting with the employee and take the following actions: 1) Issue the employee a final written remediation notice indicating that performance still is not meeting expectations. This notice shall specify the areas of deficiency, actions necessary to correct them, and a specific, designated time frame for satisfactory remediation. Copies of the remediation notice shall be given to the employee, Association, and Associate Superintendent for Human Resources and will clearly state that the ESP is on Step 3 of the remediation process. 2) Meet biweekly to discuss progress toward remediation of the cited areas of deficiency. 3) If the employee remedies the specified deficiencies, the remediation shall be expunged from the employee's personnel file eighteen (18) months, not counting Summer, for ten-month employees or Board approved leaves for all employees, after the end of the remediation period and shall not be used prospectively by the employer for the purpose of discipline and/or evaluation and/or letter(s) of reference. However, the District may continue to retain records of such discipline in a separate file if the District believes such records may be needed at a future date to demonstrate the District s compliance with state and federal EEO or other laws. D. STEP 4 - If, at the end of the remediation period, the evaluations indicate that sufficient improvement in performance has not taken place, a written recommendation for termination will be prepared by the supervising administrator and submitted to the Associate Superintendent for Human Resources. Notice of dismissal will be given in writing by the Associate Superintendent for Human Resources to the employee with copies to the Association and appropriate building administrator(s). Section 3 PROGRESSIVE DISCIPLINE Progressive discipline shall occur if an employee is not meeting district standards of behavior and attendance or if an employee is not complying with the district rules and regulations. Letters or memos that are disciplinary or could lead to disciplinary action or reprimand, except those described in Article 9,, (Remediation), shall be written within five (5) work days of knowledge of the alleged incident. The Association will be copied on 6

10 letters of discipline. After twenty-four (24) months, not counting summer for ten-month employees or Board approved leaves for all employees, any official warning letters or references to disciplinary action shall be inoperative and expunged from the personnel file provided the employee has not experienced any disciplinary problems during that time and shall not be used prospectively by the employer for the purpose of discipline and/or evaluation and/or letter(s) of reference. However, the district may continue to retain records of such discipline in a separate file if the district believes such records may be needed at a future date to demonstrate the district s compliance with state and federal EEO or other laws. In cases involving progressive discipline, the supervising administrator shall take the following actions: A. STEP 1 - If an employee is not meeting the district standards of behavior, attendance, or complying with the district rules and regulations, the supervising administrator shall take the following actions: 1) Meet with the employee to discuss the matter; 2) Inform the employee of the nature of the problem and the action necessary to correct it; and 3) Prepare written verification for the supervisor's own records indicating that the meeting has taken place and that the ESP is being placed on Step 1 of the progressive discipline process. A copy of the written verification will be sent to the employee and the Association President. B. STEP 2 - If there is a second occurrence, the supervising administrator shall hold another meeting with the employee and take the following actions: 1) Issue a written reprimand to the employer; 2) Warn the employee that a third incident will result in more severe disciplinary action; and 3) Prepare and forward to the Associate Superintendent for Human Resources, a written report describing the first and second incidents and summarizing the action taken during the meeting with the employee and clearly states the ESP is being placed on Step 2 of the progressive discipline process. A copy of the written report will be sent to the employee and the Association President. C. STEP 3 - If there is a third occurrence, the supervising administrator shall take the following actions: 1) Issue a written reprimand or warning; or 2) Recommend suspension with or without pay for up to five (5) workdays to the Superintendent or designee; and 3) Prepare and forward to the Associate Superintendent for Human Resources, a written report describing the third incident and summarizing the action taken during the meeting with the employee and clearly states that the ESP is being placed on Step 3 of the progressive 7

11 discipline process. A copy of the written report will be sent to both the employee and the Association President. D. STEP 4 - If there are additional occurrences, the supervising administrator shall take the following actions: 1) Issue a written reprimand or warning; and Recommend suspension with or without pay for up to five (5) workdays to the Superintendent or designee; or Recommend indefinite suspension with pay and termination to the Superintendent or designee. 2) After taking action under Item E(1) above, the supervising administrator shall prepare and forward to the Associate Superintendent for Human Resources, another written report describing the occurrences, indicating the timing between the occurrences, and summarizing the actions taken or recommended and their justification. A copy of the written report, which clearly states that the ESP is being placed on Step 4 of the progressive discipline process, will be sent to both the employee and the Association President. E. The progressive disciplinary procedures described in items A, B, C, and D above may be applied to an employee who is experiencing a concurrent series of unrelated problems described in A above. F. In cases involving serious misconduct, the procedures contained in items A, B, C and D above, may be bypassed. The supervising administrator should recommend immediate suspension and, if appropriate, recommend termination of the employee to the Superintendent or designee. Notice of this action will be sent to the Association President. G. If a supervising administrator recommends that an employee be terminated, a complete investigation of the situation shall be conducted by the Associate Superintendent for Human Resources, and the employee is to be allowed a hearing with the Associate Superintendent for Human Resources or Superintendent before a final decision is reached. H. At any investigatory interview conducted for the purpose of determining the facts involved in any suspected violation of Board rules and regulations, the following procedures are to apply: 1) Prior to the interview, the employee who is suspected of violating Board rules and regulations must be told in general terms what the interview is about. 2) The employee has the right to have an Association representative present at the interview, provided the employee requests such representation. I. A period of twenty-four (24) months, not counting summer for ten-month employees or Board approved leaves for all employees, during which an employee experiences no disciplinary problems will nullify any previous violations or incidents for purposes of implementing the disciplinary procedures contained in this policy. Any records of these violations or incidents shall not be used prospectively by the employer for the purpose of discipline and/or evaluation and/or letter(s) of reference. However, the district may continue to 8

12 retain records of such discipline in a separate file if the district believes such records may be needed at a future date to demonstrate the district s compliance with state and federal EEO or other laws. Section 4 These provisions do not apply during the probationary period of 130 workdays for newly hired ten-month employees and 180 workdays for newly hired twelve-month employees. Article 10 JURY DUTY An employee will receive his/her regular salary while on required jury duty. The stipend received by an employee for jury duty will be retained by the employee. The employee will not be reimbursed by the Board for travel or other expenses for jury duty. Article 11 VACATION WITH PAY (twelve-month employees) Eligibility for days of vacation is to be prorated based on date of employment. Vacation days are to be taken during the fiscal year following the year in which vacation days were earned. However, with supervisory approval, vacation days may be taken in June of the year in which they were earned. An employee will be permitted to carry over a maximum of five (5) unused vacation days to the following fiscal year. Such vacation days must be used by January 31 of that fiscal year. If accrued vacation days are not used by January 31 of the following fiscal year, up to three (3) of the maximum five (5) days accrued may be converted to sick time within the extent of the provisions of the Illinois Municipal Retirement Fund. Part-time twelve-month employees will earn vacation days on a pro-rated basis relative to their assignment (e.g. an employee with a four-hour work day will earn a four-hour vacation day in accordance with the schedule below). Vacation days shall continue to accrue while an employee is on authorized sick leave but not when utilizing the sick leave bank (see Article 14) or when on workers compensation. The following is a schedule for days of vacation earned in the initial fiscal year, to be taken during the second fiscal year, beginning July 1: Month of Employment Vacation Days Earned July 10 August 9 September 8 October 7 November 6 December 5 January 4 February 3 March 2 April 1 May and June 0 9

13 Vacation days must be pre-approved by the supervising administrator, and every effort should be made to schedule vacations so as to not conflict with peak periods or specific building activities. Section 3 The following is the schedule for determining days of vacation eligibility. Employment prior to September 30 shall constitute a full year of eligibility toward the vacation schedule. Employees shall be paid on a prorated basis for unused days of vacation at time of termination. After Vacation Completing Days Earned 1 year 10 2 years 10 3 years 10 4 years 10 5 years 10 6 years 15 7 years 15 8 years 15 9 years years 20 Section 4 Article 12 Section 3 After the initial fiscal year of employment, employees who change from the tenmonth schedule to the twelve-month schedule will be eligible for vacation days as determined by the employee's original date of employment in the district. PAID HOLIDAYS In the initial fiscal year of twelve (12) month employment, paid holidays shall be those listed on the Fiscal Calendar beginning with the employee's date of hire for that twelvemonth position. After the initial fiscal year of employment, employees are to be paid for a maximum of fifteen (15) holidays including those listed on the Fiscal Calendar. If less than fifteen (15) holidays are listed on the Fiscal Calendar, the remaining "floating holidays" may be taken at any time with approval of the supervisor. In the initial fiscal year of ten-month employment, paid holidays will be prorated based on one (1) day for each full month worked. After the initial fiscal year of employment, employees shall be paid for ten (10) holidays each school year. The Superintendent or designee shall consult with the Association, prior to the adoption of the Fiscal Calendar, on the assignment of days designated as paid holidays regardless of the number of actual (designated) legal holidays. 10

14 Article 13 ABSENCE DUE TO ILLNESS In the initial fiscal year of employment, employees shall be granted sick days in accordance with the following schedule: Month Sick Days Employed Eligibility July 12 August 11 September 10 October 9 November 8 December 7 January 6 February 5 March 4 April 3 May 2 June 1 The number of sick days accrued by the employee on June 30 of each fiscal year shall be used to determine the number of sick days he/she receives on July 1 for the next fiscal year in accordance with the following schedule: 0-9 accrued sick days = 12 sick days accrued sick days = 13 sick days accrued sick days = 14 sick days accrued sick days = 15 sick days accrued sick days = 16 sick days 171 and up accrued sick days = 17 sick days These sick days will be cumulative without limit. Section 3 Section 4 Sick leave shall be interpreted to mean personal illness, quarantine at home, or serious illness in the immediate family or household. Immediate family shall include parents, spouse, brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, and legal guardians. An annual statement of sick leave accumulated will be given to each employee. It shall reflect sick leave accumulated as of July 1 of each fiscal year. Section 5 Section 6 If an employee is unable to start the school/fiscal year due to illness, the employee will be granted the annual allotted sick days as if the employee has started the school/fiscal year. If an employee is using sick bank days and is unable to start the school/fiscal year, the new annual allotted sick leave is not granted until after the employee returns to work. However, the actual number of sick leave days to be allotted shall be in accordance with the schedule shown in and shall take into account that no additional sick leave is accumulated while utilizing the sick leave bank. In case of absence because of illness, the supervising administrator should be notified as early as possible. 11

15 Article 14 SICK LEAVE BANK The Board, in cooperation with the Association, has established a sick leave bank. The intent of this plan is to provide extended sick leave to those eligible employees who incur a period of prolonged illness or hospitalization. The sick leave bank is subject to the following guidelines: A. After the first anniversary of employment, all employees will participate in the sick leave bank. The Executive Board of the Association, in consultation with the Superintendent, will act as an Advisory Board in all matters that concern the policies and administration of the sick leave bank. B. The Board of Education will continue to add an additional 500 days per year or a sufficient number of days to bring the reserve to 1,500 days, whichever is less. C. No employee shall be permitted to withdraw sick leave from the sick leave bank until after his/her own accumulated sick leave has been depleted, a physician's written verification of illness has been submitted, and the request has been approved by the Association Board. D. Each employee shall be entitled to draw from the sick leave bank a maximum of two (2) times the amount of his/her highest ever accumulated sick leave as of any fiscal year. In no case shall any employee's entitlement in the sick leave bank exceed 240 days for ten-month employees and 280 days for twelve-month employees over the entire course of his/her employment. E. If a period of prolonged illness or hospitalization continues from one fiscal year to another, the employee will be entitled to no more or no less than the total number of days accrued from his/her accumulated sick leave and the sick leave bank. This shall be calculated at the beginning of the illness when the disability began. No employee will accumulate additional sick leave during this period. F. Vacation days shall continue to accrue while an employee is on authorized sick leave but not when utilizing the sick leave bank (see Article 11) or when on worker s compensation. Article 15 INJURY ON THE JOB AND SCHOOL SAFETY INJURY ON THE JOB A. In the event that an employee is injured while in the course of his/her employment, he/she is covered by Workers Compensation Insurance with limits as set by law. Any employee who is injured while actually performing the duties of the job shall complete an initial accident report form and any additional form(s) that may be required of the employee. All necessary forms are available from the principal/supervising administrator s secretary. B. An employee injured on the job shall be compensated in accordance with the provisions of the Illinois Workers Compensation Act. An employee injured on the job shall continue to receive amounts equal to his/her full salary, without loss of sick leave, for up to twenty (20) working days following injury. On the twenty-first (21) working day of disability, the employee will begin receiving only the Workers 12

16 Compensation benefit as determined by the Workers Compensation Administrator in accordance with the Illinois Workers Compensation and Workers Occupational Diseases Act. The employee is further encouraged to submit at that time a request for temporary disability benefits from the Illinois Municipal Retirement Fund (IMRF). IMRF may determine that the employee is eligible to receive a minimum benefit of $10 per month in addition to Workers Compensation, if all the requirements as established by the IMRF have been met. Receiving the IMRF minimum disability benefit allows an employee to continue to earn IMRF service credit as well as maintain all other IMRF benefits in force during such time as the employee is receiving Workers Compensation benefits. Workers compensation disability payment checks that an employee is eligible to receive are mailed to the payroll department by the district Workers Compensation administrators. Payroll will make any necessary adjustments to the employee s regular paycheck to ensure proper compensation as described in the preceding paragraph before forwarding to the employee. C. If an employee injured on the job is released for limited/light duty and brings a release form and the physical capabilities form from his/her physician, he/she is expected to report to work. The determination of available work, the right of assignment, and duration of assignment shall be made by the district. SCHOOL SAFETY The Board and the Association agree that providing a safe environment for students and staff is a mutual concern. A. Guidelines and training in school safety will be provided to all employees in managing sensitive situations they may face in their job. B. In the event an employee is asked to supervise a large number of students and expresses reasonable concern for safety, the building administration will take steps to address the situation. These steps may include, but are not limited to: 1.) Providing additional staff; 2.) Reducing the number of students; and/or 3.) Providing communication devices. C. If a physical altercation should arise, it will be reported to the Administration and the Association President in a timely manner. D. In the event an employee is in an altercation during the performance of District 214 duties, the Board shall reimburse the employee for replacement of any personal property that is damaged or destroyed during such altercation. Reimbursement will be up to $ per incident upon approval of building administration after the employee submits a receipt. Total annual reimbursement for all employees will not exceed $2, E. The Association will be represented on each Building Safety Committee. In the event the district establishes a district-wide safety committee, the Association President or his/her designee will be a member of that committee. 13

17 Section 3 CAMPUS SECURITY UNIFORMS A Campus Security item of clothing will be worn by all Campus Security staff members when on duty. This item of clothing (e.g., shirt, vest), will clearly identify the ESP as Campus Security to students, staff, parents, and visitors to all district buildings. The district will provide a sufficient number of the chosen clothing item to the Campus Security staff at the expense of the district. Article 16 ABSENCE DUE TO DEATH IN FAMILY In the case of a death in the immediate family as defined in the School Code, the employee will be allowed up to three (3) days absence with pay annually. Immediate family includes parents, spouse, brothers, sisters, children, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, and legal guardians. If additional time is needed because of extenuating circumstances, the employee may use available sick leave, vacation days, floating holidays and/or personal days. A supervisor may request verification of death of the immediate family member. Article 17 PERSONAL LEAVE Each employee is entitled to up to four (4) personal leave days per year, or the equivalent of four times their regular work day hours. Request for use of personal leave shall be submitted using the current system of notification provided by the district. Requests for personal leave shall be submitted 24 hours prior to the leave, except in cases of emergency. These days will not accumulate; however, at the end of a school/fiscal year any unused personal days will be added to the individual employee's accumulated sick leave. Part-time twelve-month employees will earn personal days on a pro-rated basis relative to their assignment (e.g. an employee with a four-hour work day will earn a four-hour personal day in accordance with the schedule below). Personal leave may not be used on the first or last days of each semester or on the days immediately preceding or following the winter vacation, spring vacation or holidays designated in the school/fiscal calendar. Deductions will be made from the individual employee's salary for such absences. Under special circumstances when the event cannot be scheduled at any other time, the employee may submit their request through the designated district attendance system. Personal leave shall not be used for employment for which remuneration is received. Any stipend received by an individual employee while on personal leave shall be surrendered to the Board. If the stipend is greater than the individual employee's daily salary, he/she shall have the option of retaining the stipend and taking a salary deduct for the day. 14

18 The personal day allocation during the initial fiscal year of employment is as follows: Month of Personal Employment Days July 4.0 August 4.0 September 3.5 October 3.0 November 3.0 December 2.5 January 2.5 February 2.0 March 1.5 April 1.0 May.5 June 0 Article 18 Article 19 LEAVE OF ABSENCE After the second year of employment, an employee may apply for a leave of absence without loss of seniority, status, or position in the salary range at the time the leave commences. The leave of absence will be without pay and will be for a predetermined time not to exceed one (1) school year or twelve (12) months. An employee's seniority shall be frozen; however, upon return from leave of absence the employee shall be reinstated to his/her former position or its equivalent and his/her seniority will be reactivated. All district paid benefits will cease at the beginning of the leave. The employee has the option to purchase the district medical, dental, life and accident insurance coverage. IMRF benefits may be extended subject to Fund regulations. Requests for a leave of absence shall be submitted to the employee's supervising administrator and shall state the reason for the leave, duration, and anticipated date of return. Upon approval by the site administration, the leave request shall be forwarded to the Human Resources Department for approval by the Board. Requests for a Family & Medical Leave of Absence (FMLA), shall be submitted on the form provided in accordance with Chapter 5:185, Family and Medical Leave, of the Board of Education Policy Manual. DEDUCT TIME An employee may be granted a reasonable amount of deduct time with approval of the supervising administrator and, when applicable, the Associate Principal or designated administrator. Requests must be submitted in writing to the Associate Superintendent for Human Resources. Article 20 HOURS OF WORK - WORK YEAR Specific workday hours for employees are to be approved by the Associate Principal or supervising administrator. Since offices may be open longer than the regular workday, it will be necessary to establish work schedules to have personnel on duty during office hours. 15

19 Twelve-Month Employees - The standard workweek shall be Monday through Friday. The actual number of workdays in a fiscal year may vary from year to year as approved by the Board. The Board will close the buildings during the week between Christmas Day and New Year s Day (maximum not to exceed 4 working days). Employees will be given the option of using personal days, vacation days, floating holidays, deduct time or compensatory time during this week. If the Board decides to close the buildings for additional days during the winter vacation, the employees will be given the option of working, using personal days, vacation days, floating holidays, deduct time or compensatory time. During spring vacation and during the summer, forty (40) hour per week employees will work and be paid for forty (40) hours, and all others will work the regular scheduled hours. Summer hours for offices and 12-month employees will begin the Monday following the close of school in June and end after the Thursday of the week preceding "Administrative Workshop Week." Administrative Workshop Week begins the week before the first institute day of the school year. For every 6-hour Friday off during the summer, employees will work an extra 15 minutes a day during the school year for the number of days agreed upon by the Board and the Association until the equivalent amount of time off is reached. For those working a 40-hour work week, the extra time will be calculated as 22.5 minutes and used to compensate for Fridays off during the summer. Hours worked during the summer will be 8.5 hours per day, Monday through Thursday, for 40-hour/week employees. If July 4th falls on a Monday, employees get both Friday and the 4th off. If the 4th falls on Friday or Saturday, employees get Thursday and Friday off. If the 4th falls on Sunday, employees get the previous Friday and Monday off. Vacation, sick leave or personal leave will be calculated as 8 hours for a full day during the school year and 8.5 hours for a full day during the summer. Less than a full day will be calculated as the exact number of hours absent on any day. Work hours for those scheduled less than 40 hours and for any employee who retires, is dismissed or resigns their position during the year will be determined on an individual basis and will be agreed to by the ESPA leadership and the district administration based on the understanding that all banked time towards summer hours will be compensated accordingly. Any circumstances that arise and are not specifically addressed in this section will also be addressed collaboratively by the ESPA leadership and the District 214 administration. Section 3 Article 21 Ten-Month Employees - Work hours and days will be determined by the Associate Principal/supervising administrator and shall usually include the days that school is in session and additional days as assigned. Ten-month employees working during the summer months shall be paid at the current rate for the position occupied. EARLY DISMISSAL OF SCHOOL, DELAYED START AND EMERGENCY CLOSING EARLY DISMISSAL OF SCHOOL On the days preceding winter and spring break, all school offices will close to the public ten (10) minutes after the conclusion of the last class of the day and the Forest View Educational Center will close to the public one (1) hour and twenty (20) minutes before its regular closing time. Educational Support Personnel staff in the district will be dismissed according to the following guidelines: 1. ESP staff in the schools and alternative programs will be dismissed ten minutes after the conclusion of the last class of the day. 16

20 2. Forest View Educational Center ESP staff will be dismissed one hour and twenty minutes before the end of their regular work day. 3. Part-time ESP will work their regular day unless their hours extend beyond early release time. 4. Full-time ESP whose hours extend beyond the regular day will have equivalent time off that is mutually agreed upon by the employee and the supervisor. DELAYED START If the superintendent declares the need for a delayed start, all ESP impacted by the delayed start time are expected to report to their respective locations no later than the designated time of the delayed start. This procedure applies only to those staff whose normal work hours are impacted by the change. Section 3 EMERGENCY CLOSING If the superintendent declares the need to close facilities, ESP are not required to report to work on those days. Article 22 OVERTIME AND COMPENSATORY TIME Employees are not to work any additional hours unless specifically requested and authorized by their supervising administrator. Before the performance of the overtime work, the employee shall advise the supervising administrator whether said employee wants to be paid overtime pay or given compensatory time. An employee who has requested the use of such compensatory time, shall be permitted by the Board to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the district. OVERTIME A. On occasion, a supervisor may ask an employee to work overtime. When this occurs, the employee shall complete a payroll claim form for the overtime hours unless he/she specifically requests compensatory time instead of overtime pay. Time worked in excess of forty (40) hours per week will be paid at a rate of time and one-half. B. Employees who, in addition to their regular duties, perform co-curricular activities (excluding sporadic jobs), shall be paid in accordance with the current Co-Curricular Increment Schedule of the Education Association Cumulative Agreement or the salary rate established for the particular Community Education assignment. This shall include all hours worked in excess of their regular daily work schedule. A regular daily work schedule is defined as the number of hours worked in performing bargaining unit work. 1) A separate hourly rate of pay has been established for ESP co-curricular assignments, as specified in the ESP Co-Curricular/Community Education Assignment Agreement Form signed by the employee. 2) All co-curricular hours are considered to be overtime hours under the Fair Labor Standards Act. 17

21 3) In the event that the hours actually worked exceed the amount of salary received according to the increment schedule or for the Community Education assignment, the employee shall be compensated for those additional hours at the hourly rate specified on the ESP Co-Curricular/Community Education Assignment Agreement form. 4) Employees who perform co-curricular activities must agree with the employer in writing to the above overtime pay plan prior to performance of the co-curricular duties. COMPENSATORY TIME Compensatory time, in lieu of overtime pay, shall accrue at the rate of time and one-half for all hours worked in excess of forty (40) hours per week. All compensatory time must be pre-approved by the supervisor. An employee may not accumulate more than a total of forty (40) hours of compensatory time in a work year. An employee shall have until June 15 to use or schedule any compensatory hours remaining from the current school year. The compensatory hours must be used by August 1. Exceptions extending this time period must be agreed upon by the employee and the supervisor. In the event that compensatory hours are not used, they shall be paid for at the regular rate which was in effect at the time the compensatory hours were accumulated. Article 23 Section 3 Section 4 Section 5 Article 24 LUNCH AND BREAK PERIODS Each day, employees working over 30 hours a week shall have a minimum lunch break equivalent to thirty (30) minutes and two (2) breaks of fifteen (15) minutes each. One break per day may be used to extend the lunch period. Times shall be mutually agreed upon by the employee and supervisor. Employees working thirty (30) hours a week shall have a thirty (30) minute lunch break and one fifteen (15) minute break per day. For employees working less than thirty (30) hours a week, the amount of time used for break will be reduced proportionately with a fifteen (15) minute break for each four hours worked. Elimination of the fifteen (15) minute break(s), or the lunch break, or both, does not entitle the employee to leave early. Support staff who substitute teach in lieu of their regular work assignment shall receive the difference between their current hourly rate of pay and the established certified rate for substituting. If substituting during their lunch period or before/after the normal workday, the pay will be the established rate for substituting. INSURANCE The Association and Board will participate in the District 214 Insurance Committee for purposes of periodically reviewing and identifying potential savings for Board insurance benefit coverage for employees. The committee may propose modifications for consideration by the Board. The District 214 Insurance Committee representing all employees covered by the Medical/Dental Program, the administration, and Board will meet monthly during the school year or as determined by the committee to confer and review recommendations and changes to the program regarding coverage and cost-containment strategies. The Association will be 18